Dunes City City Zoning Code
PLANNED UNIT
DEVELOPMENT PUD PROCEDURES
§ 155.345 PURPOSE.
(A) The purpose of this subchapter is to set forth the objectives, principles, standards, and procedures to be used in developing a planned unit development (PUD).
(B) This section is designed to permit the flexibility needed to encourage the appropriate development of tracts of land that are large enough to allow the use of individualized comprehensive planning.
(C) It is intended to provide the option of flexibility in the application of certain regulations in a manner consistent with the general intent and provisions of the Comprehensive Plan and Zoning and Development Ordinance, thereby promoting a harmonious variety of uses, the economy of shared services and facilities, compatibility of surrounding areas, and the creation of attractive, healthful, efficient, and stable environments for living, shopping, recreation, or working.
(D) These provisions are offered as an alternative to clear and objective approval procedures elsewhere in this code.
(Ord. 259, passed - -)
§ 155.346 DESCRIPTION.
(A) A PUD is an optional approach to community development that allows modification of the more or less rigid setback, lot size specification, and land use provisions of the building code, and this subchapter. A PUD establishes broad standards and goals to be followed, thus enabling and encouraging flexibility of design and development in order to cluster housing and protect areas with open space and natural values.
(B) Based on the concept of cluster housing, it allows single-family and attached multi-family dwellings of varying sizes, and other uses to be built in the same development, thus inviting considerable variety in both tract and building design and uses, the possible retention of natural settings or community recreational areas, and reduced street and utility installation cost.
(C) Although the density of the total area remains consistent with that of normal development, emphasis is placed on the relationship between buildings, uses, and open space, and the most efficient use of both natural and development resources, rather than planning on a lot-by-lot or building-by-building basis.
(Ord. 259, passed - -)
§ 155.347 OBJECTIVES.
The general objectives of the PUD are:
(A) To encourage innovations and variety in the development or reuse of property;
(B) To maximize choice in the type of environment available in the city;
(C) To encourage a more efficient use of land and of public services and facilities;
(D) To take advantage of and promote functional land use design;
(E) To provide for the enhancement and preservation of property with unique features (such as, historical, topographical, and natural landscape);
(F) To simplify processing of development proposals for developers and the Planning Commission by providing for concurrent review of land use, subdivision, public improvements, and siting;
(G) To enable special problem areas or sites in the city to be developed or improved, in particular where these areas or sites are characterized by special features of geography, topography, size, or shape;
(H) To provide an environment of stable character in harmony with surrounding development or use, or proposed development or use;
(I) To permit flexibility of design that will create desirable public and private common open spaces and a variety in type, design, and layout of buildings, and utilize to the best possible extent the potentials of each individual site;
(J) To assist in reducing the public service cost of development; and
(K) To provide for enhancement and preservation of desirable vegetation and trees within the PUD.
(Ord. 259, passed - -)
§ 155.348 ALLOWED USES.
The following buildings and uses may be allowed either singly or in combination in a PUD. Except as specifically provided or referred to in this subchapter, the building and uses allowed in a PUD shall be governed by the basic uses of the parent zone:
(A) Single-family dwellings;
(B) Multi-family dwellings;
(C) Manufactured homes or modular homes;
(D) All other uses allowed in the parent zone;
(E) Conditional uses allowed in the parent zone;
(F) Open space;
(G) Public and private non-profit parks and playgrounds, community centers, and recreational facilities;
(H) Hiking and riding trails;
(I) Neighborhood shopping centers and convenience shops where they are deemed appropriate to a larger neighborhood of which the PUD is an integral part and are designed to primarily serve the residents of the PUD with goods and services; and
(J) Accessory structures and uses to the extent necessary and normal to the uses permitted allowed in this section.
(Ord. 259, passed - -)
§ 155.349 APPROVAL PROCESS.
(A) Review of tentative development plan and plat. Review of a tentative development plan for a PUD shall be processed with a Type III procedure described under § 155.285.
(B) Review of final plat. Review of the final plat for a PUD shall be processed with a Type II procedure described under § 155.284.
(C) Tentative plan approval period. Tentative plan approval shall be effective for a period of one year from the date of approval. The tentative plan shall lapse if a final plat has not been submitted within one year.
(D) Modifications and extensions. The Planning Official shall, upon written request by the applicant and payment of the required fee, grant one extension of the tentative plan approval period not to exceed one year, provided, that:
(2) The applicant has submitted written intent to file a final plat within the one-year extension period;
(3) An extension of time will not prevent the lawful development of abutting properties;
(4) There have been no changes to the applicable code provisions on which the approval was based. If such changes have occurred, a new tentative plan application shall be required; and
(5) The extension request is made before expiration of the original approved plan.
(Ord. 259, passed - -)
§ 155.350 TENTATIVE PUD PLAN SUBMISSION REQUIREMENTS.
Applications for preliminary approval shall be made by the owner(s) of all property included in the PUD, or his or her authorized agent, and shall be filed on a form prescribed by the City Council and filed with the City Recorder. In addition to the information and material required by § 155.282(D), the application shall indicate all owners of record, contract purchasers, holders of options, and proposed developers. Tentative PUD applications shall be accompanied by the filing fee to defray the cost of processing the application, and shall include the following:
(A) One copy of a written statement made up of the following information:
(1) An explanation of the character of the PUD and the form of organization proposed to own and maintain the common areas and facilities, and the type of ownership of individual units or spaces.
(2) Drafts of proposed covenants, deed restrictions, and other documents relating to the dedication, improvement, and maintenance of common and private areas or facilities.
(3) A development schedule indicating:
(a) The approximate date when construction of the project can be expected to begin;
(b) The proposed stages in which the project will be built and the approximate date when construction of each stage can be expected to begin;
(c) The approximate dates when the development will be completed;
(d) The area, uses, and location of common open space that will be provided at each stage;
(e) A tabulation of land area to be devoted to various uses and a calculation of the average residential density per net acre; and
(f) The identity of the applicant’s design team. See division (C) below.
(B) Eight copies of a detailed tentative development plan(s) and plat of the entire development (drawn to scale), which shall include, at a minimum, the following:
(1) Topography of the proposed development with two-foot contour intervals for ground slopes up to 12% and five-foot contour intervals for ground slopes exceeding 12%;
(2) The proposed locations, arrangement, and dimensions of proposed streets, driveways, sidewalks, pedestrian ways, trails, bikeways, off-street parking, and loading areas;
(3) The proposed location and dimensions of all buildings and structures and their use, open space, and dedicated or reserved properties;
(4) Proposed locations of water, sanitary systems, drainage, and facilities, and utility easements;
(5) The proposed locations, character, and type of signs and lighting facilities;
(7) Detailed exterior building plans and elevations;
(8) Detailed grading or earth moving plans; and
(9) Detailed landscaping plans.
(C) Applicant’s design team.
(1) Qualified professionals, including, but not limited to, qualified architects, landscape architects, engineers, and land surveyors licensed by the state, shall work as a team as required for the planning, development, and construction of a PUD.
(2) (a) The applicant shall designate one of the qualified professionals to be responsible for conferring with the city with respect to the concept and details of the development plan, and shall act as the liaison between the city and the design team.
(b) The selection of this coordinator shall not limit the applicant or any member of the team from consulting with or presenting material to the Planning Commission and City Council.
(Ord. 259, passed - -)
§ 155.351 TENTATIVE PUD PLAN APPROVAL CRITERIA.
The city may approve, approve with conditions, or deny a tentative PUD plan based on the following approval criteria.
(A) Size and facility standards.
(1) The minimum size for a tract of land to be developed as a PUD shall be not less than five contiguous acres.
(2) Notwithstanding the provisions of division (A)(1) above, a PUD application may be filed on a tract of land less than five contiguous acres, but no approval shall be given to such application unless the applicant demonstrates that the minimum size required in division (A)(1) above should be waived and that one or more of the following conditions exist:
(a) Because of unusual physical features of the property or of the neighborhood in which it is located, a substantial deviation from the regulations otherwise applicable is necessary or appropriate in order to conserve a physical or topographical feature;
(b) The property or its neighborhood has historical character of economic importance to the city that will be protected by use of a PUD;
(c) The property is adjacent to property which has been officially approved, developed, or redeveloped as a PUD, and that a PUD on the subject property can be effectively integrated with the existing PUD; and
(d) The property is determined to be an isolated problem area that has been bypassed in the course of development and for which a PUD is determined to be the most feasible method of developing the area.
(B) Residential density. Residential density shall be equivalent to not more than one family unit per acre.
(C) Lot area and dimension standards. The minimum lot area, width, depth, height, and setback requirements of this chapter applicable to the zone in which the PUD lies shall not dictate the strict guidelines for development within the PUD, but shall serve as a guideline to ensure that the development shall be in harmony with the character of the surrounding area.
(D) Perimeter standards and visual screening. The applicant shall demonstrate that topographical or other existing barriers, or the design of the PUD, provide adequate screening or privacy necessary for properties adjacent to the PUD or, in the alternative, that:
(1) Structures located near the perimeter of a PUD are designed and located so as to protect the privacy and amenity of adjacent existing uses; and
(2) A permanent visual screening will be established, either by appropriate structures or vegetation, or both, along those portions of the site boundaries requiring such screening to assure compatibility with adjacent existing or prospective land uses.
(E) Open space standards. The applicant shall demonstrate that the location, shape, size, and character of the open space shall be provided in a manner to meet the specific needs of the PUD consistent with the standards set forth below, and shall be used only for those uses so specified:
(1) Open space may be used for scenic, landscaping, or outdoor recreational purposes. The uses designated for the open space shall be appropriate to the scale and character of the PUD, considering its size, density, expected population, topography, and the number and type of dwellings to be provided;
(2) Open space shall be developed and improved to the extent that it will serve the purpose for which it is designated. Outdoor areas containing natural features and natural vegetation may be left unimproved. Conifers will be preserved whenever possible;
(3) Any building, structure, and improvements within the open space shall be appropriate to the uses which are authorized for the open space, and shall conserve and enhance the amenities of the open space having regard to its topography and unimproved condition;
(4) The development schedule, which is part of the development plan, must coordinate the improvement of the open space and the construction of residential dwellings and other buildings in the PUD; and
(5) All structures, grading, landscaping, and improvements indicated on the plan as being in the open space or common ground shall be completed before any portion of the PUD is sold.
(F) Maintenance of common land and facilities, owners, or tenants associations. The applicant shall demonstrate that for any lands or facilities, including streets or ways, shown on the final development plan as being held in common, an association of owners or tenants shall be created into a non-profit corporation under the laws of the state, and that such corporation shall adopt articles of incorporation and bylaws and adopt and impose a declaration of covenants and restrictions on such common areas and facilities. The association shall be formed and continued for the purpose of maintaining such common open space and facilities. It shall be created in such a manner that owners of property shall automatically be members and shall be subject to assessment levies to maintain the areas and facilities for the purposes intended. The period of existence of such association shall continue in perpetuity unless and until a majority vote of the members shall terminate it.
(G) Dedications, easements, and similar requirements. The city may, as a condition of approval, require that portions of the PUD be set aside, improved, conveyed, or dedicated consistent with constitutional limitations for the following uses:
(1) Easements necessary to the orderly extension of public utilities;
(2) Streets and pedestrian ways necessary to the proper development of the PUD and adjacent properties; and
(3) Recreational areas or open spaces suitable for the owner, residents, employees, or patrons of the PUD and the general public.
(H) Construction standards. Except as expressly provided herein, the provisions of the building code, this chapter, and all other city ordinances and codes shall apply to and control all design and construction of improvements within a PUD.
(I) Location, design, size. The location, design, and size must be such that the development can be well integrated with its surroundings, and, in the case of a departure in character from surrounding land uses, that the location and design will adequately reduce the impact of the development.
(1) The location, design, size, and land use must be such that traffic generated by the development can be accommodated safely and without congestion on existing or planned streets, and will avoid as much as possible traversing local streets.
(2) The location, design, size, and land uses must be such that the residents or establishments to be accommodated will be adequately served by existing facilities and services, or by facilities and services which are planned for construction within a time period that is deemed reasonable.
(J) Minor deviations.
(1) When requested by the applicant as part of the application for approval of the final PUD plan, the city may approve minor deviations from the tentative PUD plan as part of the approval of a final PUD application.
(K) Phased development.
(1) As part of its approval of the tentative PUD plan, the city may approve a time schedule for developing a PUD in phases, but in no case shall the actual construction time period (that is, for required public improvements, utilities, or streets) for any phase be greater than two years without reapplying for a tentative plan.
(2) The criteria for approving a phased PUD proposal are:
(a) Public facilities shall be constructed in conjunction with or prior to each phase;
(b) The development and occupancy of any phase dependent on the use of temporary public facilities shall be proposed and approved as part of the tentative plan. Temporary facilities shall be approved only upon city receipt of bonding or other assurances to cover the cost of required permanent public improvements, in accordance with § 155.308. A TEMPORARY PUBLIC FACILITY is any facility not constructed to the applicable city or zone standard;
(c) The phased development shall not result in requiring the city or a third party (for example, owners of lots) to construct public facilities that were required as part of the approved development proposal; and
(d) The application for phased development approval shall be reviewed concurrently with the tentative plan and plat application, and the decision may be appealed in the same manner as the tentative plan and plat.
(L) Ownership.
(1) The tract or tracts of lands included in a proposed PUD application must be in one ownership or control, or the subject of a joint application by the owners of all the property included.
(2) The holder of a written option to purchase shall be deemed the owner of such land for the purposes of this section.
(Ord. 259, passed - -)
§ 155.352 FINAL PUD PLAN SUBMISSION REQUIREMENTS AND PROCEDURE FOR FINAL PLAT APPROVAL.
(A) Application.
(1) (a) Within one year after the granting of tentative PUD approval, the applicant shall file with the Planning Official a final PUD application for the entire development or, when submission in stages has been authorized, for the first stage of development.
(b) The final PUD application shall conform in all major respects with the tentative PUD application.
(c) In addition to the information and material required by § 155.282(D), the application shall also indicate all owners of record, contract purchasers, holders of options, and proposed developers.
(d) Final PUD applications shall be accompanied by the filing fee to defray the cost of processing the application, and shall include the following information:
1. One copy of the final plat showing each tax lot created and a reproducible transparency of the final plan(s);
2. A final subdivision plat; and
3. All documents relating to dedication, improvements, maintenance agreements, covenants, deed restrictions, and bylaws of neighborhood associations, cooperatives, and improvements.
(B) Review. The Planning Commission shall consider the final PUD application along with any referrals received concerning the application using the Type II process.
(Ord. 259, passed - -)
§ 155.353 FINAL PUD PLAN APPROVAL CRITERIA.
(A) Approval criteria. Approval of the final PUD plan shall be based on consistency with the following criteria.
(1) The final application shall substantially conform to the tentative PUD application, the conditions, stipulations, and limitations or changes required by the order of tentative PUD approval, and all applicable laws and ordinances.
(2) If the application does not comply with the criterion above, the city may either:
(a) 1. Require changes in the final PUD to ensure conformity to the tentative PUD application, the conditions, stipulations, and limitations or changes required by the tentative PUD approval, and all applicable laws and ordinances.
2. In so doing, the applicant may provide any necessary waivers of time and resubmit the revised final application to the city within 45 days for reconsideration.
(b) Disapprove the final PUD application.
(B) Limitation of approval. No excavation, grading, construction improvements, or building permits shall be authorized or issued within an approved PUD pending compliance with the following:
(1) Full compliance with all provisions of this section, including the execution and filing of all documents required therein;
(3) Full compliance with the approved final PUD application. The application shall control the issuance of all building permits and shall restrict the nature, location, and design of all uses.
(Ord. 259, passed - -)
§ 155.354 PROCEDURE TO CHANGE APPROVED FINAL PLAN.
§ 155.355 REVOCATION OF PUD.
(A) In the event of a failure to comply with the approved PUD application or any prescribed condition of approval, including failure to comply with the stage development schedule, the City Council may initiate a review of the PUD at a public hearing to determine whether or not its continuation in whole or in part is in the public interest, and if found not to be shall revoke approval of the PUD.
(Ord. 259, passed - -)